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The Making of an African Working Class: Politics, Law, and Cultural Protest in the Manual Workers' Union of Botswana (Anthropology, Culture and Society)
by Pnina WerbnerIt is now 50 years since E.P. Thompson published his classic, The Making of the English Working Class. The Making of an African Working Class follows Thompson in exploring the formation of working class identity among low-paid African workers. In arguing for a radical public anthropology of worker identity, the book seeks to analyse the cultural, legal, ideological and experiential dimensions of labour activism often neglected in other labour studies. *BR**BR*Pnina Werbner shows that by fusing cosmopolitan and local popular cultural forms of protest, unionists have created a distinctive, vernacular way of being a worker in Botswana: one that does not deny workers' roots at home or in the countryside, while being cognisant of a wider world of cosmopolitan labour rights. The assertion of working class dignity, honour and respect, Pnina argues, is a powerful motivating force for manual workers. *BR**BR*Against legal-sceptical approaches, The Making of an African Working Class argues that in challenging the government - their employer - in court, manual workers' protests and mobilisation are deeply embedded in ethics, social justice and the law.
The Making of an African Working Class: Politics, Law, and Cultural Protest in the Manual Workers' Union of Botswana (Anthropology, Culture and Society)
by Pnina WerbnerIt is now 50 years since E.P. Thompson published his classic, The Making of the English Working Class. The Making of an African Working Class follows Thompson in exploring the formation of working class identity among low-paid African workers. In arguing for a radical public anthropology of worker identity, the book seeks to analyse the cultural, legal, ideological and experiential dimensions of labour activism often neglected in other labour studies. *BR**BR*Pnina Werbner shows that by fusing cosmopolitan and local popular cultural forms of protest, unionists have created a distinctive, vernacular way of being a worker in Botswana: one that does not deny workers' roots at home or in the countryside, while being cognisant of a wider world of cosmopolitan labour rights. The assertion of working class dignity, honour and respect, Pnina argues, is a powerful motivating force for manual workers. *BR**BR*Against legal-sceptical approaches, The Making of an African Working Class argues that in challenging the government - their employer - in court, manual workers' protests and mobilisation are deeply embedded in ethics, social justice and the law.
The Making of Chinese Criminal Law: The Preventive Shift in the Context of the Eighth Amendment (The Rule of Law in China and Comparative Perspectives)
by Ying JiBy examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.
The Making of Chinese Criminal Law: The Preventive Shift in the Context of the Eighth Amendment (The Rule of Law in China and Comparative Perspectives)
by Ying JiBy examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.
The Making of Constitutional Democracy: From Creation to Application of Law (Law and Practical Reason)
by Paolo SandroThis book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine.
The Making of Constitutional Democracy: From Creation to Application of Law (Law and Practical Reason)
by Paolo SandroThis book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine.
The Making of Consumer Law and Policy in Europe
by Hans W MicklitzThis book analyses the founding years of consumer law and consumer policy in Europe. It combines two dimensions: the making of national consumer law and the making of European consumer law, and how both are intertwined. The chapters on Germany, Italy, the Nordic countries and the United Kingdom serve to explain the economic and the political background which led to different legal and policy approaches in the then old Member States from the 1960s onwards. The chapter on Poland adds a different layer, the one of a former socialist country with its own consumer law and how joining the EU affected consumer law at the national level. The making of European consumer law started in the 1970s rather cautiously, but gradually the European Commission took an ever stronger position in promoting not only European consumer law but also in supporting the building of the European Consumer Organisation (BEUC), the umbrella organisation of the national consumer bodies. The book unites the early protagonists who were involved in the making of consumer law in Europe: Guido Alpa, Ludwig Krämer, Ewa Letowska, Hans-W Micklitz, Klaus Tonner, Iain Ramsay, and Thomas Wilhelmsson, supported by the younger generation Aneta Wiewiórowska Domagalska, Mateusz Grochowski, and Koen Docter, who reconstructs the history of BEUC. Niklas Olsen and Thomas Roethe analyse the construction of this policy field from a historical and sociological perspective.This book offers a unique opportunity to understand a legal and political field, that of consumer law and policy, which plays a fundamental role in our contemporary societies.
The Making of Consumer Law and Policy in Europe
by Hans-W MicklitzThis book analyses the founding years of consumer law and consumer policy in Europe. It combines two dimensions: the making of national consumer law and the making of European consumer law, and how both are intertwined. The chapters on Germany, Italy, the Nordic countries and the United Kingdom serve to explain the economic and the political background which led to different legal and policy approaches in the then old Member States from the 1960s onwards. The chapter on Poland adds a different layer, the one of a former socialist country with its own consumer law and how joining the EU affected consumer law at the national level. The making of European consumer law started in the 1970s rather cautiously, but gradually the European Commission took an ever stronger position in promoting not only European consumer law but also in supporting the building of the European Consumer Organisation (BEUC), the umbrella organisation of the national consumer bodies. The book unites the early protagonists who were involved in the making of consumer law in Europe: Guido Alpa, Ludwig Krämer, Ewa Letowska, Hans-W Micklitz, Klaus Tonner, Iain Ramsay, and Thomas Wilhelmsson, supported by the younger generation Aneta Wiewiórowska Domagalska, Mateusz Grochowski, and Koen Docter, who reconstructs the history of BEUC. Niklas Olsen and Thomas Roethe analyse the construction of this policy field from a historical and sociological perspective.This book offers a unique opportunity to understand a legal and political field, that of consumer law and policy, which plays a fundamental role in our contemporary societies.
The Making of Dignity and Human Rights in the Western Tradition: A Retrospective Analysis (Studies in the History of Law and Justice #29)
by Aniceto MasferrerThe book describes in a retrospective way how dignity and human rights evolved. In doing so, the book is divided in three parts: human rights from present to early modern age, human dignity from present to Early modern age and dignity and human rights from present to future.The book has been written in a way that might me appealing to graduate students, postgraduate students, researchers and even laymen who are interested in the making of dignity and human rights in the Western.
The Making of Environmental Law
by Richard J. LazarusThe unprecedented expansion in environmental regulation over the past thirty years—at all levels of government—signifies a transformation of our nation's laws that is both palpable and encouraging. Environmental laws now affect almost everything we do, from the cars we drive and the places we live to the air we breathe and the water we drink. But while enormous strides have been made since the 1970s, gaps in the coverage, implementation, and enforcement of the existing laws still leave much work to be done. In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund. Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.
The Making of Environmental Law
by Richard J. LazarusThe unprecedented expansion in environmental regulation over the past thirty years—at all levels of government—signifies a transformation of our nation's laws that is both palpable and encouraging. Environmental laws now affect almost everything we do, from the cars we drive and the places we live to the air we breathe and the water we drink. But while enormous strides have been made since the 1970s, gaps in the coverage, implementation, and enforcement of the existing laws still leave much work to be done. In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund. Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.
The Making of Environmental Law
by Richard J. LazarusThe unprecedented expansion in environmental regulation over the past thirty years—at all levels of government—signifies a transformation of our nation's laws that is both palpable and encouraging. Environmental laws now affect almost everything we do, from the cars we drive and the places we live to the air we breathe and the water we drink. But while enormous strides have been made since the 1970s, gaps in the coverage, implementation, and enforcement of the existing laws still leave much work to be done. In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund. Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.
The Making of Environmental Law
by Richard J. LazarusAn updated and passionate second edition of a foundational book. How did environmental law first emerge in the United States? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular? Since its first edition, The Making of Environmental Law has been foundational to our understanding of these questions. For the second edition, Richard J. Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, Lazarus provides a theoretical overview of the challenges that environmental protection poses for lawmaking, related to both the distinctive features of US lawmaking institutions and the spatial and temporal dimensions of ecological change. The book explains why environmental law emerged in the manner and form that it did in the 1970s and traces how it developed over sequent decades through key laws and controversies. New chapters, composing more than half of the second edition, examine a host of recent developments. These include how Congress dropped out of environmental lawmaking in the early twenty-first century; the shifting role of the judiciary; long-overdue efforts to provide environmental justice to disadvantaged communities; and the destabilization of environmental law that has resulted from the election of Presidents with dramatically clashing environmental policies. As the nation’s partisan divide has grown deeper and the challenge of climate change has dramatically raised the perceived stakes for opposing interests, environmental law is facing its greatest challenges yet. This book is essential reading for understanding where we have been and what challenges and opportunities lie ahead.
The Making of Environmental Law
by Richard J. LazarusAn updated and passionate second edition of a foundational book. How did environmental law first emerge in the United States? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular? Since its first edition, The Making of Environmental Law has been foundational to our understanding of these questions. For the second edition, Richard J. Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, Lazarus provides a theoretical overview of the challenges that environmental protection poses for lawmaking, related to both the distinctive features of US lawmaking institutions and the spatial and temporal dimensions of ecological change. The book explains why environmental law emerged in the manner and form that it did in the 1970s and traces how it developed over sequent decades through key laws and controversies. New chapters, composing more than half of the second edition, examine a host of recent developments. These include how Congress dropped out of environmental lawmaking in the early twenty-first century; the shifting role of the judiciary; long-overdue efforts to provide environmental justice to disadvantaged communities; and the destabilization of environmental law that has resulted from the election of Presidents with dramatically clashing environmental policies. As the nation’s partisan divide has grown deeper and the challenge of climate change has dramatically raised the perceived stakes for opposing interests, environmental law is facing its greatest challenges yet. This book is essential reading for understanding where we have been and what challenges and opportunities lie ahead.
The Making of Lawyers' Careers: Inequality and Opportunity in the American Legal Profession (Chicago Series in Law and Society)
by Robert L. Nelson Ronit Dinovitzer Bryant G. Garth Joyce S. Sterling David B. Wilkins Meghan Dawe Ethan MichelsonAn unprecedented account of social stratification within the US legal profession. How do race, class, gender, and law school status condition the career trajectories of lawyers? And how do professionals then navigate these parameters? The Making of Lawyers’ Careers provides an unprecedented account of the last two decades of the legal profession in the US, offering a data-backed look at the structure of the profession and the inequalities that early-career lawyers face across race, gender, and class distinctions. Starting in 2000, the authors collected over 10,000 survey responses from more than 5,000 lawyers, following these lawyers through the first twenty years of their careers. They also interviewed more than two hundred lawyers and drew insights from their individual stories, contextualizing data with theory and close attention to the features of a market-driven legal profession. Their findings show that lawyers’ careers both reflect and reproduce inequalities within society writ large. They also reveal how individuals exercise agency despite these constraints.
The Making of Shareholder Welfare Society: A Study in Corporate Governance (Routledge Studies in Corporate Governance)
by Alexander StyhreThe Making of Shareholder Welfare Society traces and accounts for the debates and discussions between law and economics scholars and mainstream legal scholars, management theorists, and economic sociologists. This is done in detail to demonstrate that the shareholder welfare society was built from the bottom up, beginning with theoretical propositions regarding alleged market efficiencies and leading all the way to the idea that a society characterized by economic freedom and efficiency maximization pave the way for uncompromised shareholder welfare, in turn being good for everyone. This book is of relevance for a variety of readers, including graduate students, management scholars, policy-makers, and management consultants, as well as those that are concerned about how the economic system of competitive capitalism is now in a position where it is riddled by doubts and concern, not the least as the levels of economic inequality is soaring. It addresses the topics with regard to corporate governance, accounting and society and will be of interest to researchers, academics, students, and members of the general public that are concerned about the economic system of competitive capitalism.
The Making of Shareholder Welfare Society: A Study in Corporate Governance (Routledge Studies in Corporate Governance)
by Alexander StyhreThe Making of Shareholder Welfare Society traces and accounts for the debates and discussions between law and economics scholars and mainstream legal scholars, management theorists, and economic sociologists. This is done in detail to demonstrate that the shareholder welfare society was built from the bottom up, beginning with theoretical propositions regarding alleged market efficiencies and leading all the way to the idea that a society characterized by economic freedom and efficiency maximization pave the way for uncompromised shareholder welfare, in turn being good for everyone. This book is of relevance for a variety of readers, including graduate students, management scholars, policy-makers, and management consultants, as well as those that are concerned about how the economic system of competitive capitalism is now in a position where it is riddled by doubts and concern, not the least as the levels of economic inequality is soaring. It addresses the topics with regard to corporate governance, accounting and society and will be of interest to researchers, academics, students, and members of the general public that are concerned about the economic system of competitive capitalism.
The Making of the Civil Codes: A Twenty-First Century Perspective (Ius Gentium: Comparative Perspectives on Law and Justice #104)
by Michele Graziadei Lihong ZhangThe book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.
The Making of the Crofting Community
by James HunterThe Making of the Crofting Community has been seminal in bringing to the fore the injustices that have been inflicted on the Highlands in the name of government and landlord - injustices often lost in the name of dry statistics and academic balance.Written by a man who has gone on to become both an award-winning historian of the Highlands and a leading figure in the public life of the region, The Making of the Crofting Community has attracted praise, inspired debate, and provoked outrage and controversy over the years. This book remains necessary to challenge standard academic interpretations of the Highland past.
The Making of the Good Person: Self-Help, Ethics and Philosophy (Routledge Studies in Ethics and Moral Theory)
by Nora HämäläinenThis book provides a philosophical assessment of the idea of personhood advanced in popular self-help literature. It also traces, within academic philosophy and philosophical scholarship, a self-help culture where the self is brought forth as an object of improvement and a key to meaning, progress, and profundity. Unlike other academic treatments of the topic of self-help, this book is not primarily concerned with providing a critique of popular self-help and self-transformative practices. Rather, it is concerned with how they work to shape contemporary forms and ideals of moral personhood and are conducive to moral renegotiation and change. The book consists of two parts with somewhat different argumentative strategies. Part 1 consists of an overview and reassessment of popular self-help literature and its sociological and journalistic critics, written from a moral philosophical perspective. Part 2 opens with discussion of the current attraction, among a range of philosophers, to self-transformative themes. The chapters assess the strand of self-transformative philosophy found in the work of Ludwig Wittgenstein, Michel Foucault, Pierre Hadot, Stanley Cavell, and Iris Murdoch. Finally, the book concludes with a discussion of the theme of social change and moral renegotiation in contemporary societies, which is a central but underestimated undercurrent in discussions on contemporary self-transformative practices. The book’s dual perspective—on both popular self-help and self-transformative currents in philosophy—enables a cultural and moral philosophical analysis of contemporary ethical ideals of personhood, as well as reflection on the literatures available for its development. The Making of the Good Person will be of interest to scholars and advanced students working in moral philosophy, history of philosophy, psychology, sociology, and literary studies.
The Making of the Good Person: Self-Help, Ethics and Philosophy (Routledge Studies in Ethics and Moral Theory)
by Nora HämäläinenThis book provides a philosophical assessment of the idea of personhood advanced in popular self-help literature. It also traces, within academic philosophy and philosophical scholarship, a self-help culture where the self is brought forth as an object of improvement and a key to meaning, progress, and profundity. Unlike other academic treatments of the topic of self-help, this book is not primarily concerned with providing a critique of popular self-help and self-transformative practices. Rather, it is concerned with how they work to shape contemporary forms and ideals of moral personhood and are conducive to moral renegotiation and change. The book consists of two parts with somewhat different argumentative strategies. Part 1 consists of an overview and reassessment of popular self-help literature and its sociological and journalistic critics, written from a moral philosophical perspective. Part 2 opens with discussion of the current attraction, among a range of philosophers, to self-transformative themes. The chapters assess the strand of self-transformative philosophy found in the work of Ludwig Wittgenstein, Michel Foucault, Pierre Hadot, Stanley Cavell, and Iris Murdoch. Finally, the book concludes with a discussion of the theme of social change and moral renegotiation in contemporary societies, which is a central but underestimated undercurrent in discussions on contemporary self-transformative practices. The book’s dual perspective—on both popular self-help and self-transformative currents in philosophy—enables a cultural and moral philosophical analysis of contemporary ethical ideals of personhood, as well as reflection on the literatures available for its development. The Making of the Good Person will be of interest to scholars and advanced students working in moral philosophy, history of philosophy, psychology, sociology, and literary studies.
The Making of the Greek Genocide: Contested Memories of the Ottoman Greek Catastrophe (War and Genocide #23)
by Erik SjöbergDuring and after World War I, over one million Ottoman Greeks were expelled from Turkey, a watershed moment in Greek history that resulted in hundreds of thousands of deaths. And while few dispute the expulsion’s tragic scope, it remains the subject of fierce controversy, as activists have fought for international recognition of an atrocity they consider comparable to the Armenian genocide. This book provides a much-needed analysis of the Greek genocide as cultural trauma. Neither taking the genocide narrative for granted nor dismissing it outright, Erik Sjöberg instead recounts how it emerged as a meaningful but contested collective memory with both nationalist and cosmopolitan dimensions.
The Making of the Modern Chinese State: Cement, Legal Personality and Industry
by Humphrey KoThis text addresses the corporate causes of the collapse of the Qing Dynasty and the emergence of modern Republican China. Weaving together political, legal and business histories, it focuses on the key relationship between China, cement and corporations, and demonstrates how the particular circumstances of cement manufacturing in nineteenth- and early twentieth-century China serve to illuminate key aspects of Chinese political economy and illustrate the importance of legal frameworks in the emergence of industrial enterprises. Examining the centrality of legal personality in China’s historical story, seen from the angle of cement manufacturing corporations, it offers an alternative historical perspective on the making of the modern Chinese States and delves into the involvement of larger-than-life historical figures of modern China such as Yuan Shikai, Chiang Kai-shek and the revolutionary and the father of modern China, Sun Yat-sen, in the unfolding of these events.
The Making of the Modern Company (Contemporary Studies in Corporate Law)
by Susan WatsonThis book adopts a historical perspective to highlight, and bring back into focus, the key features of the modern company. A central argument in the book is that legal personhood attaching to an entity containing a corporate fund seeded by shareholders is a direct and inevitable consequence of limited liability and the company's status as a separate legal entity from its shareholders. Management by a board subject to legal duties to the company as an entity that can exist in perpetuity facilitates a long term perspective by the board that can accommodate both shareholder and stakeholder interests. These defining characteristics differentiate the modern company from other business forms.The Making of the Modern Company applies a 21st-century lens to the corporation through its history to identify turning points in its development. It sets out how key features emerged in the course of two separate developmental cycles in English corporate law: first with the English East India Company in the 17th century, and then with general incorporation statutes in the 2nd half of the 19th century. The book's historical perspective highlights that the key features are part of the 'secret sauce' of modern companies. Each cycle coincided with unparalleled periods of economic success associated with corporate activityThis book will be of interest to corporate law and governance academics, theorists and practitioners, those who study the company from related disciplines, and anyone who questions why uncertainty still exists about the structure of a legal form that has been described as 'amongst mankind's greatest inventions'.
The Making of the Modern Company (Contemporary Studies in Corporate Law)
by Susan WatsonThis book adopts a historical perspective to highlight, and bring back into focus, the key features of the modern company. A central argument in the book is that legal personhood attaching to an entity containing a corporate fund seeded by shareholders is a direct and inevitable consequence of limited liability and the company's status as a separate legal entity from its shareholders. Management by a board subject to legal duties to the company as an entity that can exist in perpetuity facilitates a long term perspective by the board that can accommodate both shareholder and stakeholder interests. These defining characteristics differentiate the modern company from other business forms.The Making of the Modern Company applies a 21st-century lens to the corporation through its history to identify turning points in its development. It sets out how key features emerged in the course of two separate developmental cycles in English corporate law: first with the English East India Company in the 17th century, and then with general incorporation statutes in the 2nd half of the 19th century. The book's historical perspective highlights that the key features are part of the 'secret sauce' of modern companies. Each cycle coincided with unparalleled periods of economic success associated with corporate activityThis book will be of interest to corporate law and governance academics, theorists and practitioners, those who study the company from related disciplines, and anyone who questions why uncertainty still exists about the structure of a legal form that has been described as 'amongst mankind's greatest inventions'.